catgirl
New
Reged: 11/11/06
Posts: 2
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hi
I live in Mass and ending a 4 year marriage.
Visitation and child support we agreed upon but the property division with the home is not agreed on.
X got an agressive lawyer who wants the home conveyed and split 50/50.
The home I live in was gifted to me by my parents and I've lived here almost 30 years.
X hardly paid any bills and there never was a mortgage-my parents paid that years ago.
All X did for contribution was some home improvements.
Now because of that- they're asking for half the house!!!!!
Did I miss something?
My lawyer says they have to ask for the Moon at first and not to worry.
My lawyer's also being vague about the whole property thing- and says she doesn't want to go to trial.
WEll neither do I but I'm also not agreeing to giving X half the house!
The most I could agree on is 80/20 or 75/25 and that's being generous.
Help-should I settle or go to trial?
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boothby171
Platinum
Reged: 03/14/06
Posts: 1392
Loc: NY
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Catgirl,
From what your atty said, it sounds like there's still a lot of back 'n' forth negotiations going on. Are you *at* the point where you have to decide on court or settlement? Or are things still being worked out between the attys?
If settlement means accepting 50/50, then it sounds like you're *not* ready for a settlement yet.
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--Boothby
My goal: Once a day, make someone laugh so hard that their soda comes out their nose
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Lost in 2006
Gold
Reged: 11/02/06
Posts: 170
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Cat,
I don't know much about it but I do know that lawyers cost $$$$$$$$$$$$$$$$$.
If you can comunicate with him and tell him you would settle for 70/30. If not tell him you will fight, you will both lose a lot of money doing this. Ask him to be reasonable, maybe write everything out and give it to him. Ifhe can agree to that he is getting 20% less, but he is also eliminating a lot of lawyer fees. He may actually come out ahead by agreeing with you on the split. He has to know that even if he fights he has no guarentee of getting 50/50.
Hope that helps!
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hope I get some sleep tongiht 
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sandij15
Platinum
Reged: 09/13/06
Posts: 1981
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I work at a title company in New Mexico and our laws here are a little different. Even though New Mexico is a community property state, if the house was a gift from your parents and you have that documentation, in this state he is not entitled to any part of it unless at some point you put him on the deed as well. Check with a title company or a real estate attorney in your area to see what your laws are there. Even if you did put the house in both your names, it does not mean that you would have to give any part of it up - that is up to the judge to decide, but I would stand my ground on that and not give in.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3109
Loc: Colorado
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"My lawyer says they have to ask for the Moon at first and not to worry."
Listen to your lawyer and do some reading up on negotiation tactics. The vast majority of divorces are settled out of court.
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catgirl
New
Reged: 11/11/06
Posts: 2
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Thanks for the reply.
Mass is an Equitable distribution state so any judge would or could most likely just reward me the house.
We had short term marriage of 4 years(long term in Mass is 20) , my parents bought and paid off the house before I even met my X and X didn't even contribute towards property taxes.
And the deed is in my name only and gifted to me.
The home improvements were done by X -yes but I paid for half the materials or my Mom paid when she was living here.
Oh and did I mention that I have a restraining order on X where he just about admitted in court to threatening me?
70/30 I would never agree to - 80/20-maybe if I'm feeling generous.
You're totally right- lawyers cost tons of $$$$$$!
I know for a fact that X's lawyer is expensive- more than the reasonable family attorney I got-
so if this does go to trial and he loses- and gets nothing-he's out all those legal fees or even if the judge awards him what I offered- he's still out the legal fees.
This has been my family home-which now I'm realizing he was just using me for.
Thanks for your input- but 70/30 is too generous to someone who verbally abused me .
Have a nice day.:-)
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koula60
Platinum
Reged: 07/25/06
Posts: 1121
Loc: Notheast
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if you had the house prior to the marriage and the marriage was only 4 years i would say stick to your guns,
He should not be getting anything from that familial home.
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Walking through the Pain.
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